Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5, 9, 10, 14, 25-27, 29, 31, 32, 35 and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al. (US 9,671,343).
Hall discloses a system for detecting a user of a bathroom, the system comprising;
a receptacle to receive the user (the room the toilet is placed within, i.e. a bathroom);
a first processor circuitry to receive (this claim language does not positively claim the program aspect on the processor circuitry. Applicant should recite “a first processor circuitry programed to”) a first set of information to create a user profile associated with the user based on a first user identifiers associated with the user (users phone which inherently is provided with a processor and program to enter user identification and create a number associated with the user identification that is then sent to the second processor 540; further the users phone can identify a user and create a profile using fingerprint, iris, facial recognition, voice recognition, or electrocardiogram readings; patient id number for new user);
a plurality of sensors coupled to a toilet (the toilet can have sensors that detect; col. 10, lines 23-39), the plurality of sensors configured measure a current set of user characteristics identifiers upon detecting the user to characterize the user, wherein the measured user characteristics are independent of the user identifiers provided by the user (the above sensor are used to identify characteristics associated with the user such as body weight, bioimpedance, or urine flow rate; col. 10, lines 23-39; the sensor user characteristics are independent of the user identifiers, i.e. profile of user with fingerprint, iris, facial recognition, voice recognition or electrocardiogram readings);
a second processor circuitry (controller 540 or in another interpretation the network database that includes a processor/computer that collects and analyzes data; col. 10, lines 15-50) to one of (this claim language does not positively claim the program aspect on the processor circuitry. Applicant should recite “a second processor circuitry programed to”) (1) identify the user by matching the current set of characteristics identifiers and the first user identifiers of the user profile (a mobile phone detects a user via fingerprints, when the user uses the toilet, a measurement is performed on the sample and correlated/assigned to the users profile entered from the mobile phone and recorded on the second processor or uploaded to a remote network where the results/user profile are recorded or analyzed), and (2) identify a first-time user and measure a set of current characteristics in response to identifying a first-time user (controller 540 is capable of identifying a first time user based upon a new fingerprint or other first user identifiers accept by the mobile phone and transmitted to controller 540 and then measuring a urine characteristic such body weight, bioimpedance, or urine flow rate) and
in response to matching the current set of characteristics identifiers and the first user identifiers, recording an excretion event (see example given above);
wherein the plurality of characteristic identifiers associated with the user uniquely identify the user from among a group of users wherein the plurality of characteristic identifies are selected from the group consisting of voice identifiers, image identifiers, structured-light 3D scanning identifiers, fingerprint identifiers, retinal identifiers, smartphone identifiers and wearable identifiers (col. 10, lines 23-39; note that the characteristic is not a structural limitation of claim 1 that is directed to a device).
Regarding claim 5, the system of claim 1, wherein the toilet further comprises an excreta analysis device that analyzes excreta during use of a toilet by the user (optical sensor and thermal sensors are used to detect excreta; col. 7, lines 14-25; col. 10, line 50-col. 3, line 48).
Regarding claim 9, the system of claim 5, wherein the excreta analysis device analyzes urine and feces (optical sensor and thermal sensors are used to detect excreta; col. 7, lines 14-25; col. 10, line 50-col. 3, line 48).
Regarding claim 10, (this claim has been renumbered as original claim 9 in the current claim set 12/5/25. Please correct in the next response. The claim will be examined based upon the claims filed 8/28/25) the system of claim 5, wherein the excreta analysis device comprises an excreta analysis sensor that detects electromagnetic radiation or an analyte chemical in a bowl of the toilet (optical sensor and thermal sensors are used to detect excreta; col. 7, lines 14-25; col. 10, line 50-col. 3, line 48; the italicized words are directed to an intended use. Hall is structurally capable of detecting these components due to the optical sensors that are disclosed in Hall).
Regarding claim 14, the system of claim 5, wherein the excreta analysis device further comprises a replaceable visual urinalysis assay (The device of Hall can be removed from the toilet. Claim 14 does not provide any structure that makes the visual urinalysis assay replaceable).
Regarding claim 25, the system of claim 1, wherein data from the sensor is transmitted to a computational device (col. 5, lines 50-67), wherein the computational device is capable of analyzing the data to determine characteristics of the user that are detected by the sensor (the processor calculates the data captured by the sensors and outputs a result).
Regarding claim 26, the system of claim 25, wherein the computational device is dedicated to user detection and identification and is joined to the sensor in a housing (col. 2, lines 40-50; col. 5, line 50- col. 6, line 55).
Regarding claim 27, the system of claim 25, wherein the computational device is not dedicated to user detection and identification and is not housed with the sensor (col. 2, lines 40-50; col. 5, line 50- col. 6, line 55; data can be sent to a remote processing facility).
Regarding claim 29, the system of claim 27, wherein the computational device is also capable of analyzing data from an excreta analysis device on the toilet (col. 2, lines 40-50; col. 5, line 50- col. 6, line 55).
Regarding claim 31, the system of claim 25, wherein the computational device comprises software that can use data from the sensor to detect and identify a first user, as well as detect and identify one or more different additional users (col. 5, line 50- col. 6, line 55).
Regarding claim 32, the system of claim 31, wherein the software can generate a first user profile for the first user, and a second user profile for the second user (col. 5, line 50- col. 6, line 55; a user is identified and is unique and given a specific identification in the system).
Regarding claim 35, the system of claim 25, wherein the computational device identifies the user by comparing the data from the sensor to data in a stored user profile, wherein, (a) if the data from the sensor matches the user profile, the user is identified as the user in the user profile (a user is unique to the processor and the processor identifies the user in order to provide excreta analysis for the specific individual; col. 5, lines 38-46; col. 10, lines 23-38) , or (b) if the data from the sensor does not match the user profile or any other stored user profile, the user is identified as a guest or a new user, wherein the data from the sensor is used to create a user profile for the new user.
Regarding claim 37, the system of claim 25, wherein the system generates a user profile identifying an individual user; detects a presence of a current user; matches the current user with a user profile; records a bathroom use event; and associates the bathroom use event with the matched user profile (col. 5, line 50- col. 6, line 55; a user is identified, analysis is performed on the sample, results are recorded to the specific user).
Claims 1, 25-27, 29, 31-32, 35, 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al. (US 9,867,513).
Hall discloses a system for detecting a user of a bathroom, the system comprising:
a receptacle to receive the user (the room the toilet is placed within, i.e. a bathroom),
a first processor circuitry (users mobile phone 210 which inherently is provided with a processor and program to enter user identification and create a number associated with the user identification that is then sent to the second processor 540; further the users phone can identify a user and create a profile using fingerprint, iris, facial recognition, voice recognition, or electrocardiogram readings) to receive information to create a user profile associated with the user based on a first user identifiers associated with the user;
a plurality of sensors coupled to a toilet (fingerprint sensor 116 and optical imagers 110 for blood oxygen saturation levels, heart rate, fig. 1 ref. 116, col. 3, lines 31-66), the plurality of sensors configured measure a current set ofuser characteristics identifiers substantially independent of the characteristics upon detecting the user (this limitation does not further structurally limit the instant claims. Hall sensor detects fingerprints on each hand of a user to identify the user that sits on the receptacle and places the hand on the fingerprint sensor for scanning/reading);
a second processor circuitry (controller 208 or remote database servers/internet network that collects and processes data and can transfer to doctor) to one of (1) identify the user by matching the current set of characteristics identifiers and the first user identifiers ofthe user profile (a mobile phone detects a user via fingerprints, when the user uses the toilet, a measurement is performed on the sample and correlated/assigned to the users profile entered from the mobile phone and recorded on the second processor or uploaded to a remote network where the results/user profile are recorded or analyzed), (2) identify a first-time user (controller 540 is capable of identifying a first time user based upon a new fingerprint or other first user identifiers accept by the mobile phone and transmitted to controller 540), or (3) measure a set of current characteristics in response to identifying a first-time user: and
in response to matching the current set of characteristics identifiers and the first user identifiers, recording an excretion event
wherein the plurality of characteristic identifiers associated with the user uniquely identifies the user from among a group of users (this limitation does not further structurally limit the instant claims. The fingerprint sensor of Hall is structurally capable of performing this function as a fingerprint is a unique to each individual and can be stored in a database and recalled by the fingerprint sensor once a user sits on the receptacle and scans a fingerprint); and
wherein the plurality of characteristic identifies are selected from the group consisting of voice identifiers, image identifiers (the optical imager within reader 110 is used to determine blood oxygen saturation levels, heart rate of the user), structured-light 3D scanning identifiers, fingerprint identifiers (fingerprints are identified, para col. 3, lines 31-66), retinal identifiers, smartphone identifiers and wearable identifiers (not that the characteristic is not a structural limitation of claim 1 that is directed to a device. The optical imager at each handle (first and second sensor) of Hall is structurally capable of performing the imaging of “image identifiers” or “finger print identifiers” because the optical imager is a camera or a CCD imager which is the same structures used in the instant specification).
Regarding claim 25, the system of claim 1, wherein data from the sensor is transmitted to a computational device (This limitation does not further structurally limit the instant claims because the step of transmitting to a computational device is a process or intended use limitation. A toilet controller 210 communicates with a remote network and the internet which communicates with a health care database. Fig. 10 shows the toilet receptacle that sends a users data to a health care database), wherein the computational device is capable of analyzing the data to determine characteristics of the user that are detected by the sensor (A toilet controller 208 communicates with a remote network and the internet which communicates with a health care database. Col. 7, lines 10-24. Col. 1, line 45-col. 2, line 6 states a health medical database stores a users identification and authentication information, medical information related to the toilet medical testing, user settings. The computational device is interpreted as the toilet controller 208 which is in direct communication with the sensors in the toilet receptacle and in communication with a toilet controller 210 (handheld device) which is in contact with the health medical database; Col. 7, lines 10-24).
Regarding claim 26, the system of claim 25, wherein the computational device is dedicated to user detection and identification and is joined to the sensor in a housing (the health medical database communicates with a toilet controller 208 located in the housing of the receptacle that the user sits upon which is directed connected to the sensor that scans the fingerprint, and includes a memory, processors, wired and wireless transceivers for communicating with user device 210. Further the heath medical database can be interpreted as an extension of the computational device).
Regarding claim 27, the system of claim 25, wherein the computational device is not dedicated to user detection and identification and is not housed with the sensor (for this interpretation the computational device is interpreted as the toilet controller 208 which is not dedicated to user detection and identification and is not housed with the senor as seen in fig. 2).
Regarding claim 29, the system of claim 27, wherein the computational device is also capable of analyzing data from an excreta analysis device on the toilet (the analysis device computes the data received from the sensor on the toilet).
Regarding claim 31, the system of claim 25, wherein the computational device comprises software that can use data from the sensor to detect and identify a first user, as well as detect and identify one or more different additional users (Applicant is urged to recite the computational device is processor that is programed with instructions that can which would further positively recite the instant claims. Hall discloses the toilet controller 208 includes a memory, and processor; The fingerprint data may be used to authenticate a user of a medical toilet and associate a medical test with the authenticated user. One the user is identified 508, a specific medical test may be loaded from a remote server to the toilet. This data is transferred to the toilet to be processed by the toilet controller 208).
Regarding claim 32, the system of claim 31, wherein the software can generate a first user profile for the first user, and a second user profile for the second user (User devices 1010 may interface directly with medical toilet 1004 or by way of a network connection through a local 1002 or extended network 1008. Fingerprint authentication data may be transferred from medical toilet 1004 to a remote authentication server 1006 or 1012. Once a toilet user is authenticated, medical toilet functional data may be transferred to the toilet 1004 from a remote healthcare database 1012 allowing the toilet to perform a medical function as directed by a healthcare professional. Medical toilet testing may include: drug testing, urine testing, fecal sample testing, blood sample testing, toxin testing, body composition testing, body weight testing, or cardiac function testing. Col. 9, lines 44-66. A users profile is distinct from another user by the fact that a user is identified based upon a user fingerprint which is unique).
Regarding claim 35, the system of claim 25, wherein the computational device identifies the user by comparing the data from the sensor to data in a stored user profile, wherein, (a) if the data from the sensor matches the user profile, the user is identified as the user in the user profile (User devices 1010 may interface directly with medical toilet 1004 or by way of a network connection through a local 1002 or extended network 1008. Fingerprint authentication data may be transferred from medical toilet 1004 to a remote authentication server 1006 or 1012. Once a toilet user is authenticated, medical toilet functional data may be transferred to the toilet1004 from a remote healthcare database 1012 allowing the toilet to perform a medical function as directed by a healthcare professional. Medical toilet testing may include: drug testing, urine testing, fecal sample testing, blood sample testing, toxin testing, body composition testing, body weight testing, or cardiac function testing. Col. 9, lines 44-66. A users profile is distinct from another user by the fact that a user is identified based upon a user fingerprint which is unique).
Regarding claim 37, the system of claim 25, wherein the system generates a user profile identifying an individual user; detects a presence of a current user; matches the current user with a user profile; records a bathroom use event; and associates the bathroom use event with the matched user profile (User devices 1010 may interface directly with medical toilet 1004 or by way of a network connection through a local 1002 or extended network 1008. Fingerprint authentication data may be transferred from medical toilet 1004 to a remote authentication server 1006 or 1012. Once a toilet user is authenticated, medical toilet functional data may be transferred to the toilet1004 from a remote healthcare database 1012 allowing the toilet to perform a medical function as directed by a healthcare professional. Medical toilet testing may include: drug testing, urine testing, fecal sample testing, blood sample testing, toxin testing, body composition testing, body weight testing, or cardiac function testing. Col. 9, lines 44-66. A users profile is distinct from another user by the fact that a user is identified based upon a user fingerprint which is unique).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5, 9-10, 14-15, 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. (US 9,867,513) in view of Prokopp (US 2018/0184906).
Regarding claim 5 and 9, Hall discloses a system for detecting a user of a bathroom using a sensor attached to a toilet.
Hall in col. 9, lines 44-66 states the medical toilet testing may include: drug testing, urine testing, fecal sample testing, blood sample testing, toxin testing, body composition testing, body weight testing, or cardiac function testing. Hall does not specifically teach an excreta analysis device that analyzes excreta during use of the toilet by the user.
Prokopp discloses sample testing device on a toilet that comprising:
an excreta sensor coupled to a toilet as seen in fig. 3-5 is interpreted as the excreta analysis device along with the processor that analyzes the sample collected. This sensor is capable of analyzing urine or feces. It would have been obvious to one having an ordinary skill in the art at the time of the invention to modify Hall to employ an excreta sensor device in a toilet in order to provide analysis within the toilet as a user sits actively on the toilet. This provides real time feedback to health professionals and removes the need to transport the sample to a lab for analysis.
Regarding claim 10, the system of claim 5, the modified Hall does not teach an excreta analysis sensor that detects electromagnetic radiation.
Prokopp teaches excreta analysis sensor that comprises an optical light source and a detector that collects the reflected light (para 64-68) for analyzing a sample of urine or feces. It would have been obvious to one having an ordinary skill in the art to modify the modified Hall to employ an optical sensor for analyzing the urine or fecal samples as it well known in the art of sensing analytes by the use of an optical sensor having an light and detector as taught by Prokopp.
Regarding claim 14 and 15, (claim 14 is interpreted based upon claim 5), the modified Hall does not teach a replaceable visual urinalysis assay.
Prokopp teaches test strips that can be placed (via dipstick, fig. 5, dipstick extends from optical sensor to test indicator 11’) into fluid communication the urine or fecal sample within the toilet (para 48). It would have been obvious to one having an ordinary skill in the art at the time of the invention to modify the modified Hall to employ test strips in the toilet using a dipstick to test the urine or fecal sample for certain analytes as is well known and routine for the ease and replaceability that test strips are used in the art.
Regarding claim 18, system of claim 15, wherein the sensor is an image sensor (Hall discloses the fingerprint sensor as an image sensor which scans the fingerprint, col. 1, lines 45-col. 2, line 6).
Regarding claim 19, the system of claim 18, wherein the image sensor is a time-of-flight camera (Hall discloses a blood pressure sensor which measures pulse wave velocity which is identified by the optical finger print reader, col. 4, lines 22-36).
Regarding claim 20, the system of claim 18, wherein the image sensor is installed above a seat or a seat cover on the toilet (Hall discloses the sensor 116/110 is placed on top of the seat as seen in fig. 1).
Regarding claim 21, the system of claim 18, wherein the image sensor is installed or integrated into a seat or a seat cover on the toilet (See fig. 1 of Hall which shows sensor 116/110 installed into a seat on the toilet).
Regarding claim 22, the system of claim 21, wherein the image sensor is integrated or installed onto the seat cover on the toilet, wherein the image sensor is capable of imaging the user only when the seat cover is raised (see fig. 1 of Hall shows sensor 116/110 installed into a seat on the toilet).
Regarding claim 23, the system of claim 21, wherein the image sensor is integrated or installed between the seat cover and the seat such that the image sensor is capable of imaging the user only when the seat cover is raised (see fig. 1 of Hall shows sensor 116/110 installed into a seat on the toilet; Hall is capable of measuring a finger print on the image sensor 116/110 when the seat is raised by a user grasping on area 16/108 respectively to have a fingerprint scanned).
Response to Arguments
Applicant's arguments filed 12/5/25 have been fully considered but they are not persuasive.
Applicant argues, “Hall focuses on drug screening of pre-identified individuals, there is no support for an inherency argument that Hall's disclosure would necessarily commence drug screening for a random (unidentified) user.” The processor claim language does not positively claim the program aspect on the processor circuitry. Applicant should recite “a second processor circuitry programed to”.
A user inherently has to identified by the processor at some point in time or else there would not be a database of users that the processor can recall and pull up past records of previous users. The first time a user is identified a number is associated with that user for reference at a later time. Hall provides measurements for new users and assigns a number associated with this user as a fingerprint, iris, facial recognition, voice recognition etc. which can at a later point in time be recalled as this is stored in a database and compared or tracked over time.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday, Tuesday, Thursday, Friday, 8-6.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758